Insurance Litigation

We are not an “insurance defense” firm, but we regularly defend insurers at the Texas Department of Insurance and in Texas courtrooms, primarily in non-claims related litigation.

Agent Litigation

Disputes with captive insurance agents abound. And one agent’s success can affect the legal interpretation of an insurer’s appointing agreement forever thereafter, not to mention that the same success can serve as inspiration for similar claims from additional agents. But while agents frequently litigate against the insurers they serve, individually, they present low-exposure cases. Our lawyers have experience crafting cost-effective and efficient solutions to these recurring agency issues, exemplified in the following representative matters:

Agent’s violation of post-termination non-competition clause in the appointing agreement

Agent’s failure to write acceptable business with appointed insurance group (“switching”)

Agent’s alleged fraud in connection with the partial surrender of a life insurance policy

Insurer’s alleged violation of statutory duty to insure property for its “fair value”

Constitutional and Complex Insurance Litigation

Rate making, forms, mandatory coverages, and statutory fees present complicated compliance issues for insurers, which often result in litigation. Indeed, sophisticated plaintiffs’ lawyers can discover claims and causes of action in most new state and federal laws touching on insurance. Our lawyers have been on the leading edge of many high-profile challenges to insurance laws and regulations, including:

POST ARCHIVES

IN THE NEWS

The recent legislative session did not have the impact on the Texas Public Information Act (“TPIA”) that many people thought it would. Specifically, efforts to overturn the Texas Supreme Court’s decisions in Boeing and Greater Houston Partnership failed. Both Boeingand Greater Houston Partnership have helped businesses protect information under the TPIA. Specifically, Boeing allows businesses to claim the competition or bidding exception under Section […]

This is the second post in a two-part series covering the basics of drafting a non-competition agreement in Texas. The Texas Business and Commerce Code mandates that a non-competition agreement be “ancillary to or part of an otherwise enforceable agreement” and “that it contains limitations as to time, geographical area, and scope of activity to […]

This article is the first in a two-part series covering the basics of drafting a non-competition agreement in Texas. We have enjoyed strong economic and population growth in recent years in the Lone Star State, particularly in the technology sector. Joel Kotkin, The Valley And The Upstarts: The Cities Creating The Most Tech Jobs, Forbes, https://www.forbes.com/sites/joelkotkin/2015/ 04/14/cities-creating-the-most-tech-jobs-2015/#6c275ea958ef[1] (last […]